When a decedent with children leaves no will at the time of death (known as dying intestate), the children of decedent will generally inherit the estate. The Texas Estates Code specifies that a child includes an adopted child, whether the adoption occurred through formal proceedings or an equitable adoption. Tex. Est. Code Ann. § 22.004 […]
Category: Probate Law
Disclaimers of Real Estate in Texas
There are situations where a person does not want to take title to real estate passed to them by will or inheritance. Some examples might include low value properties with large tax or assessment obligations, properties encumbered by substantial liens, or properties with large environmental risks. Other reasons for wanting to disclaim real estate might […]
Sale of Minor’s Real Estate in Texas
It is not uncommon for minors to become owners of real property via inheritance or as distributees under a will in Texas. Minors (persons 18 years or younger) are generally considered incapacitated persons without the right to contract and cannot effectively sign a deed conveying title to real estate. This issue presents a problem for […]
Ancillary Probates in Texas
Probate is governed by state law, and each state has its own statutes in place to facilitate a probate court proceeding. Estates with assets in more than one jurisdiction may require multiple probate proceedings. Generally, the primary probate proceeding occurs in the state where the decedent was domiciled at the time of death. If the […]
Will Prove Up Hearing: What to Expect as an Executor
While attending court to get appointed as an executor may seem intimidating, understanding the courtroom layout, rules and procedures can help ease some anxiety. Some Texas counties allow the will to be admitted through attorney testimony; however, many counties require the executor to come to court to testify. Your probate attorney will be your guide […]
An Overview of Marital Property Law in Texas
The fact that Texas is one of nine community property states in the US means that all assets belonging to married persons are affected by the concept of community property. In a community property state, most property acquired during marriage belongs to both spouses and is considered community property. Furthermore, community property is either classified […]
Common Methods for Distributing Assets After Death in Texas
Whether a person dies with a will (testate) or without a will (intestate), distributing assets to their heirs, beneficiaries, or distributees may be very simple or quite complex. Assets are either classified as real property or personal property. While real property is land and everything attached to the land, personal property includes bank accounts, investments, […]
The Texas Will and Probate Process
Our firm receives a multitude of questions about probating wills in Texas (also known as a testate probate). The purpose of this post is to provide an introduction to the law and legal process surrounding wills. When someone dies with a will, the decedent’s property passes according to instructions in the will. The will must […]
The Problem of “Heir Property” and The Affidavit of Heirship
Chapter 203 of the Estates Code details the effect of an affidavit of heirship in a court proceeding and provides a permissible form of the affidavit. However, chapter 203 is devoid of any practical explanation of when and how these affidavits are commonly used.While there are multiple scenarios when an affidavit of heirship may prove […]